9 Mont. 108 | Mont. | 1889
’This action was commenced by Kennon to recover damages from Gilmer dal. for personal injuries sustained in 1879 through the negligence of the latter. Kennon was then
According to our view of the evidence, the motion for a new trial should be denied generally. Conceding that the testimony is conflicting, we must be governed by the familiar rule that prevents us, under these conditions, from disturbing the verdict. The last question for our decision is whether we should order a judgment for a less sum than the amount of the verdict. The ground of the motion for a new trial is this: “Excessive damages, appearing to have been given under the influence of passion or prejudice.” The testimony concerning this point can be embodied in the following statement: Kennon testified that his age was fifty-four years when the accident occurred; that his ankle joint was dislocated; that he remained under medical attendance in Helena over two months; that his foot was amputated on account of this wound; that it was over a year before the leg healed up; that small pieces of bone came out three or four different times; that at all times he had been unable to walk without crutches; that he had an artificial foot, but usually could not wear it more than two or three hours without much pain; that his leg is very weak, although healed up; that his bill for the treatment of the leg in Helena footed up nearly $800; that his wound was very painful until it healed; that his leg continued to pain him sometimes; that he imagined a sharp bone was trying to come out; that, after leaving Helena, he was unable to leave his house for two or three months; that there was very little business that he could attend to, and that he was deprived almost entirely by his wound of attending to any busi
No testimony of this character is found in the record, and the extent and value of the business in which Kennon was engaged at the time he was injured were not shown at the trial. This knowledge was necessary to enable the jury to ascertain the damages which had resulted from the injuries to the respondent. In considering cases of like kind there is no uniformity in the verdicts, and extremes can be produced upon both sides. The following number has been selected for the purpose of showing the amounts for which judgments have been sustained by appellate courts: Illinois R. R. Co. v. Parks, 88 Ill. 373, $8,958; Deppe v. C. R. I. etc. R. R. Co. 38 Iowa, 592, $9,000; Ballou v. Farnum, 11 Allen, 73, $9,687.50; Robinson v. Western Pacific R. R. Co. 48 Cal. 409, $10,000; Belair v.